Вид на акта
искане
Дата
01-01-1970 г.
Към дело
/

DECISION No. 17 OF OCTOBER 3, 1996 ON CC No. 18/96

On September 2, 1996 the Chief Prosecutor of the Republic of Bulgaria approached the Constitutional Court with a challenge of the constitutionality of Clause 3 item 2 of the Law on the Amendment to the 1996 State Budget Law of the Republic of Bulgaria (LASBLRB - 1996), promulgated in DV, No. 68 of August 9, 1966, which amends Art. 3 para 5 of the 1996 State Budget Law of the Republic of Bulgaria (SBLRB - 1996, promulgated DV, No. 16/1996, amended DV Nos. 28 and 46/1996).
The Chief Prosecutor claimed that the LASBLRB - 1996 seemed to increase the revenue side of the Judiciary budget which cannot meet the higher expenses. The revenues from fees to the courts are unrealistically expected to be higher. Moreover, transfer from the republican budget is lower while the sum planned in the updated state budget as a transfer has already been transferred to the bank account of the Judiciary and spent. The higher expenses in the remainder of the budget year cannot be met by the unrealistic fee income targets. This shortage of money stalls the functions of the Judiciary which will have to be self-financing. The Constitutional Court agreed that the new wording of Art. 3 para 5 of the SBLRB - 1996 posits on a wrong basis. The courts perform state functions that are defined in the Constitution. Unlike the businesses, the courts are not to be self-financing. The Government is to provide this financing. Beside, the challenged provision can have a negative impact on the fundamental rights of citizens as for instance the right to legal defence when their rights or legitimate interests are violated or endangered (Art. 56 and Art. 117 para 1 of the C.).
On these premises the Constitutional Court ruled that Clause 3 item 2 of the LASBLRB - 1996 which amends Art. 3 para 5 of the SBLRB - 1996 contravened the Constitution.